Aston verdict shows defamation laws have pole-vaulted original purpose
The courts’ role is not to police rudeness or protect hurt feelings - let alone dampen free speech and silence journalists exposing bad corporate behaviour.
Take it from me: it is not pleasant being on the receiving end of Joe Aston’s vitriol. Aston’s fountain pen might have the sharpest tip in Australia, and he doesn’t hesitate to spill ink (or blood) when his gaze fixes on a target. So I had some sympathy for beleaguered former Blue Sky director Elaine Stead when she attracted his ire in 2018 and 2019.
But the outcome of Stead’s high-profile defamation case against the Australian Financial Review columnist and his employer last month may have concerning implications.
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Jeremy Leibler is a partner in Arnold Bloch Leibler’s corporate and M&A practice.
